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PART 146 Frequently Asked Questions (FAQ's)


Part 146 FAQ's for Mediators
Part 146 FAQ's for Mediation Training Providers

What is Part 146?
Part 146 is a rule of the Chief Administrative Judge that establishes qualifications and training for mediators and neutral evaluators who serve on court rosters throughout New York State. The rule does not cover arbitrators and does not cover neutrals who serve in the NYS Unified Court System’s Community Dispute Resolution Centers Program

Part 146 FAQ's For Mediators:

What are the qualifications for mediators under Part 146?
To apply to serve on court rosters, mediators must have successfully completed at least 40 hours of approved training as follows: (Note: The 40 hours may be offered together as one complete program, e.g. 40 hour divorce mediation training.)

  1. At least 24 hours of training in basic mediation skills and techniques; and
  2. At least 16 hours of additional training in the specific mediation techniques pertaining to the subject area of the types of cases referred to them

* Mediators must also have recent experience mediating actual cases in the subject area of the types of cases referred to them.

What is an Approved Training?
An approved training is a mediation course that
(1) a mediation course provider has submitted to the New York State Unified Court System's ADR Office for approval pursuant to Part 146;
(2) meets the Mediation Training Curriculum Guidelines;
(3) has been reviewed and approved by the ADR Office as meeting the requirements of Part 146.

*Please note: the ADR Office does not approve courses submitted by course attendees.

How can I check if a course is approved under Part 146?
Once courses have been approved, the ADR Office posts the names of approved courses and sponsoring organizations/trainers with relevant contact information. Please see the approved course list.

Please Note: The ADR Office approves courses conducted by trainers who have specifically applied for approval in connection with the course.  If a non-approved trainer presents the course, the course will not qualify as Part 146-approved.  Please be sure to check the approved course list to find out if the trainer is approved in connection with the course.

How long does the Part 146 approval cover a course?
Once a course has been approved it will remain approved for three years starting from the date the UCS ADR Office approved the course or the first date of the training, whichever occurred first.  To check the coverage period of approved courses, see the approved course list.

How do I join a court roster as a mediator?
Court-based mediation rosters generally require a combination of mediation training and experience. Some court rosters may also require subject matter expertise.  Please note that acceptance on certain rosters may also depend on the court’s need for mediators at any given time.  Final placement on any court roster is in the discretion of the local Administrative Judge. 

Click on the link to learn about how to apply to particular court-based mediation programs in your area. 

What type of mediation experience do I need to serve on a court roster?
To serve on court rosters, mediators must have recent experience mediating actual cases in the subject area of the types of cases referred to them. See §146.4. It is up to the local Administrative Judge to decide what constitutes recent experience mediating actual cases in his or her particular program or district. Local Administrative Judges may be guided by the UCS ADR Office's Guidelines for Recent Experience Mediating Actual Cases.  Please note that a mixture of observation, co-mediation, and participation in an apprenticeship program is often preferred. 

I took a course prior to the Part 146 Training Course Application launch date (10-15-2010).  May I apply to serve on a local court roster even though the course was not yet approved?
Yes, you may apply to serve on a local court roster provided that the training you took otherwise meets the requirements of Part 146.  Please review the local court program's rules to determine your eligibility for placement. Applicants will be evaluated on a case-by-case basis. Final placement on any court roster is in the discretion of the local Administrative Judge. 

Can I get certified as a mediator under Part 146?
No. New York State does not "certify" mediators.  However, mediators who volunteer for Community Dispute Resolution Centers (CDRC's) or who belong to certain ADR member organizations may be certified to mediate through the particular CDRC or member organization.

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Part 146 FAQ's for Mediation Training Providers:

How does Part 146 affect mediation training providers?
Part 146 requires that the NYS Unified Court System’s ADR Office develop appropriate criteria for the approval of training programs. If you are a mediation trainer or sponsoring organization, and you apply for and receive written approval from the UCS ADR Office, you may advertise that your course is approved under Part 146 of the Rules of the Chief Administrative Judge.

How can I get my mediation course approved under Part 146?
If you are a mediation trainer or an organization that sponsors mediation training programs, please consult the Mediation Training Curriculum Guidelines. Next, review the steps for mediation trainers and sponsoring organizations to follow to have their courses approved under Part 146.  These steps include the on-line application.  

*Note: This section covers approval under Part 146, but does not cover approval for CLE purposes. For CLE provider information, visit the Unified Court System's Continuing Legal Education web pages.

Do I have to offer two separate courses of 24 hours and 16 hours each?
No. You may offer one course that covers the topics highlighted in the Mediation Training Curriculum Guidelines. (e.g. 40-hour divorce mediation training.)

Please deduct lunch and any short breaks in excess of 30 minutes or two-15 minute breaks on any given day when calculating the number of hours.

When do I have to submit the application for approval of a mediation training course?
The application and accompanying materials must be received by the UCS ADR Office at least 60 days before the date of the scheduled training.

When can I advertise my training program as approved under Part 146?
If you have reviewed the Mediation Training Curriculum Guidelines, completed an application and submitted accompanying materials, and received a written approval from the UCS ADR Office, you may advertise your training program as approved under Part 146.  It is important to clarify to course registrants that this does not guarantee their acceptance on a court roster. 

If you have completed an application and received email notification that your application is being considered for approval, you may advertise that your training course is pending approval under Part 146 by the New York State Unified Court System’s Office of ADR Programs.

How long does course approval take from the time the application is complete?
Course approval may take up to 60 days from the date all requested material was received.  However, the UCS ADR Office will work with you to review and process applications as quickly and efficiently as possible. 

The course I am offering is to take place in less than 60 days.  May I still apply to have my course approved?
Yes.  Please submit your application and all required materials as soon as possible. Once the UCS ADR Office has received a complete application package, we will work with you to review and process applications as quickly and efficiently as possible. 

If you have completed an application and received email notification that your application is being considered for approval, you may advertise that your training course is pending approval under Part 146 by the New York State Unified Court System’s Office of ADR Programs.

Attendees may still apply to serve on local court rosters while course approval is pending. Please see the Part 146 FAQ’s for mediators above.

How can prospective registrants check if a course is approved under Part 146?
Once courses have been approved, the UCS ADR Office posts the names of approved courses and sponsoring organizations/trainers with relevant contact information. You may review the approved course list.

How long does the Part 146 approval cover a course?
Once a course has been approved it will remain approved for three years starting from the date the UCS ADR Office approved the course or the first date of the training, whichever occurred first.  To check the coverage period of approved courses, see the approved course list.
 
My course has been approved, what’s next?
The UCS ADR Office asks that all trainers offering Part 146 Approved Courses during their 3-year approval period notify us of upcoming trainings.  If the UCS ADR Office has approved your course in the last 3 years and it will be taught by the same trainer(s) simply send an email to Part146@nycourts.gov listing the name of the course and the location and date(s) of the upcoming training and include any updates we may have requested in the initial approval letter. Upon receiving notification, the UCS ADR Office will post your Part 146 approved training on our Upcoming Trainings page.

The UCS ADR Office has approved my course, but another trainer will be presenting it next time.  Do I have to reapply for course approval?
Yes.  The UCS ADR Office approves courses conducted by trainers who have specifically applied for approval in connection with the course.  If your course has been approved but another trainer will present it in an upcoming training, you must resubmit the agenda and the application with the new trainer’s information and include the new trainer’s resume. If a non-approved trainer presents the course, the course will not qualify as Part 146-approved.

What if I have questions about Part 146 or about the approval process?
Send an email to Part146@nycourts.gov or call 1-877-Part-146.

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